APPENDIX 3-A.  GENERAL RELEASE GUIDE FOR MEDICAL RECORDS

March 31, 1997 NPRC 1865.103A


Medical records are releasable to the following requesters under the following conditions and circumstances, UNLESS the records contain potentially detrimental information (see ch. 3-2 and app. 3-B); or confidential information (see ch. 3-5 and app. 3-C).

1. Veteran with signed written request.

2. Next of kin (NOK) of deceased veteran with proof of death and evidence of kinship.

3. Legal guardian with court order adjudging the veteran incompetent and appointing the requester as the guardian.

4. Members of Congress with a copy of correspondence indicating they are working on behalf of the veteran or NOK.

5. Veteran's attorney or other personal representative with written authorization of veteran.

6. Insurance firms for medical data needed in determining eligibility for insurance or in settling claims with written authorization of veteran and stating the name of the company which is authorized to review the medical records.

7. State, county, & municipal hospitals, health departments, and medical research facilities, with written authorization of veteran, unless routine use of medical records.

8. Private nongovernmental medical or psychiatric institution or professional practitioner with written authorization of veteran. Examples are: private doctors, private hospitals, medical and psychiatric institutes, clinics, sanitariums, nursing homes, psychiatrists, special research groups (often a part of a university or hospital).

NOTE: The Privacy Act provides that a person showing compelling circumstances affecting the health or safety of another individual can be granted access to information or documents if notification is transmitted to the last known address of the individual whose records are involved. If the request is for the purpose of EMERGENCY medical treatment, individual consideration is given as to whether the release authorization requirement should be waived. Consult the section chief.

NOTE: See the latest revision of NPRC 1865.16, apps. B-2, C-2, C-3, and D-2, for routine uses of the medical records systems.